Chartered Towns

The chief Irish towns in existence at the period of the invasion of Ireland in the reign of Henry II, towns such as Galway, Tuam and Athenry, were modelled on the chartered borough of England. Settlers were induced to come from England by the grant of various privileges to those who should take up residence in these towns. The chief privilege conferred upon the inhabitants was that of self-government. They were empowered to elect their own officers and councils, establish their own courts, and appoint their own magistrates. In all cases the various rights and privileges conferred depended upon charters. These charters were granted by English kings or Norman nobles. From a study of the charters granted to these towns we are enabled to discuss the main features of their constitution and economic system. The land upon which the towns were built, together with a considerable stretch of the adjacent territory was conferred by charter upon the citizens or burgesses. In the royal charters the land was always conferred in fee farm to be held for ever by the citizens or burgesses from the king and his heirs and successors, subject to an annual rent. They were allowed to manage their own affairs free from interference on the part of king or noble.

The earliest charters show in practically all cases that the chief office in the civic constitution should be held by a single individual who was to be elected by his fellow citizens. This chief magistrate was known as "Mayor," and he was to hold office for one year, and at the end of his period of service the citizens were empowered to retain him in office or elect another citizen in his place. It will be noticed that the Mayor is often referred to as "Seneschal," and in later years as "Portreeve" and "Sovereign." He possessed great powers of jurisdiction over the citizens in the conduct of civic affairs and in the control of industry. In times of danger he was in command of the armed force of the town for purposes of offence or defence. He was advised and assisted in the duties of his office by a body of councillors. In point of rank and importance then came the bailiffs. The office of bailiff was always a dual one, the title never being used in the singular. Having important executive functions they likewise acted as magistrates in the civic courts. During the reign of James I the title of "sheriff" was substituted for the title of "bailiff" in the charters granted. As in the case of the mayor or provost, the bailiffs or sheriffs were elected annually by the citizens and burgesses.

The most important right possessed by the citizens or burgesses under the charters was that of making laws and ordinances for the good government of their towns. Each of the chartered towns was granted its own court. The terms " citizens " and " burgesses " were " freemen " - owners of houses, shops or gardens, the burgage tenants (from whose burgages the rent or "ferm " of the town was originally due). As time went on freemen were not restricted to those holding burgage tenures. Sons of freemen, sons-in-law of freemen, and apprentices to freemen who had completed their time were admitted. From a perusal of the list of mayors and sheriffs of Galway it appears that these offices were for years held by the principal "tribes."

Other officers mentioned in the mediaeval records in addition to the Mayor, Bailiffs or Sheriffs, were the Recorder, Coroner, Clerk of the Common Council, the Treasurer, Sword-bearer, Water Bailiffs, and the Collector of the Tolls and Customs.

The representation of Irish cities and towns in the Councils or parliaments held in Ireland was at an earlier date than were the English boroughs in an English Parliament. In the list of towns summoned to the Parliament which met in the first year of Richard II's reign, Galway and Athenry appear.